Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

Petitions clamouring Constitutional validity of Exception 2 of Section 375 pour in Delhi HC

1 min read

Nishka Srinivas Veluvali

Published On: January 13, 2022 at 15:27 IST

The Delhi High Court on Monday, had proceeded with the hearing of Petitions questioning the Constitutional validity of exception 2 of Section 375 of Indian Penal Code, which spares marital rape from the ambit of the Offence of Rape.

Section 375 of IPC gives the definition of Rape but gives out an exception for the sexual intercourse between the married couple. “Sexual intercourse by a man with his own wife, the wife not being under eighteen years of age is not rape”, states the exemption.

The Bench of Justice Rajiv Shakdher and Justice C Hari Shankar is considering the Petitions, filed by two NGOs, RIT Foundation and All India Democratic Women’s Association along with two individuals.

The Senior Advocate Rajshekhar Rao will be acting as Amicus Curiae to the Court in this matter. The Court on Wednesday stated that Senior Advocate Rebecca John will be providing assistance to the Judges.

“When legislature is lethargic it may be wise for the Court to set up”, Senior Advocate Rao stated while hearing the Pleas.

However, in the Wednesday’s hearing, these Petitions were strongly condemned by the Men Welfare Trust who expressed their concern on misuse of Section 375 of IPC.

In response to this concern, the Court questioned “which provision of which law is not being misused?”

The Court has reserved the hearings of Petitions for Thursday 3pm onwards.

Also read: Violence against women and Marital rape